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The Council of Europe's Commissioner for Human Rights is calling for a review of the legislative changes adopted in Georgia since November 2024, which “disproportionately restrict the right to peaceful assembly"

The Council of Europe's Commissioner for Human Rights is calling for a review of the legislative changes adopted in Georgia since November 2024, which “disproportionately restrict the right to peaceful assembly"
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The Georgian authorities must implement the European Court of Human Rights’ rulings concerning ill-treatment by law enforcement officials and violations of the right to peaceful assembly, – reads a statement released by Michael O'Flaherty, the Council of Europe’s Commissioner for Human Rights.

The statement says that, in the context of supervising the execution of judgments of the European Court of Human Rights, Michael O'Flaherty reviewed two groups of cases against Georgia before the Committee of Ministers of the Council of Europe: “Tsintsabadze v. Georgia” and “Makarashvili and Others v. Georgia.”

“The group of cases Tsintsabadze v. Georgia concerns various violations of the European Convention on Human Rights, mainly related to ill-treatment by law enforcement officials and the ineffective investigation of such violations. The Commissioner emphasizes the need to ensure that the actions of law enforcement agencies, particularly in the context of public assemblies, comply with the principles of legality, necessity, and proportionality. The Commissioner also calls for effective investigation of ill-treatment and unlawful arrests, and for the visible and individual identification of all law enforcement officers,” the statement reads.

Additionally, the Commissioner urges the authorities to undertake a comprehensive reform of the Code of Administrative Offences.

“In the case of Makarashvili and Others v. Georgia, which concerns the use of administrative detention during peaceful assemblies and inadequate judicial review, the Commissioner believes that the authorities must implement a comprehensive reform of the Code of Administrative Offences. This should include effective consultations with civil society experts, the Office of the Public Defender of Georgia, and international bodies. Furthermore, the Commissioner recommends ensuring effective access to legal assistance, the right to a fair trial, and prompt, independent judicial review. Finally, the Commissioner calls for a review of the legislative amendments adopted since November 2024, which disproportionately restrict the right to peaceful assembly,” the statement concludes.

The Council of Europe's Commissioner for Human Rights is calling for a review of the legislative changes adopted in Georgia since November 2024, which “disproportionately restrict the right to peaceful assembly"

The Georgian authorities must implement the European Court of Human Rights’ rulings concerning ill-treatment by law enforcement officials and violations of the right to peaceful assembly, – reads a statement released by Michael O'Flaherty, the Council of Europe’s Commissioner for Human Rights.

The statement says that, in the context of supervising the execution of judgments of the European Court of Human Rights, Michael O'Flaherty reviewed two groups of cases against Georgia before the Committee of Ministers of the Council of Europe: “Tsintsabadze v. Georgia” and “Makarashvili and Others v. Georgia.”

“The group of cases Tsintsabadze v. Georgia concerns various violations of the European Convention on Human Rights, mainly related to ill-treatment by law enforcement officials and the ineffective investigation of such violations. The Commissioner emphasizes the need to ensure that the actions of law enforcement agencies, particularly in the context of public assemblies, comply with the principles of legality, necessity, and proportionality. The Commissioner also calls for effective investigation of ill-treatment and unlawful arrests, and for the visible and individual identification of all law enforcement officers,” the statement reads.

Additionally, the Commissioner urges the authorities to undertake a comprehensive reform of the Code of Administrative Offences.

“In the case of Makarashvili and Others v. Georgia, which concerns the use of administrative detention during peaceful assemblies and inadequate judicial review, the Commissioner believes that the authorities must implement a comprehensive reform of the Code of Administrative Offences. This should include effective consultations with civil society experts, the Office of the Public Defender of Georgia, and international bodies. Furthermore, the Commissioner recommends ensuring effective access to legal assistance, the right to a fair trial, and prompt, independent judicial review. Finally, the Commissioner calls for a review of the legislative amendments adopted since November 2024, which disproportionately restrict the right to peaceful assembly,” the statement concludes.

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